Avanish @APPELLANT@Hash State of Rajasthan & Ors

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be

referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 05.07.2018 passed by the Additional

Sessions Judge, Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Pratapgarh (hereinafter to be referred as

‘trial court’) in Bail Application No.156/2018 (Special Sessions Case No.10/2018), whereby the trial court has dismissed the bail application filed

on behalf of the appellant.

The appellant has been arrested in FIR No.52/2018 of Police Station Chhoti Sadari, District Pratapgarh for the offences punishable under Sections

341, 323, 147, 149, 302 and 120-B IPC and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegations against the appellant is to the effect that he was leading mob, who has attacked

deceased - Shantilal and injured â€" Radheshyam. It is submitted that though injured â€" Radheshyam, in his statement recorded under Section 161

Cr.P.C., has alleged that 20 to 25 persons have attacked them but as a matter of fact the police have filed charge-sheet against only 5 persons and

kept the investigation pending against unknown persons. It is also submitted that in the FIR, the appellant has not been named, however, later on, in the

statement the appellant has been named as a leader of mob only with the intention to implicate him falsely. It is submitted that co-accusedKailash has

already been granted benefit of bail by this Court against whom allegation has been levelled in the FIR. It is also submitted that the charge-sheet has

already been filed and, therefore, this criminal may kindly be allowed and the appellant may kindly be granted benefit of bail.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and

proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 05.07.2018 passed by the Additional

Sessions Judge, Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Pratapgarh in Bail Application No.156/2018

(Special Sessions Case No.10/2018) is set aside. It is directed that appellant â€" Avanish S/o Ramlal shall be released on bail in connection with FIR

No.52/2018 of Police Station Chhoti Sadari, District Pratapgarh provided he executes a personal bond in a sum of Rs.50,000/with two sound and

solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing

and whenever called upon to do so till the completion of the trial.Â